DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5640)

AUSTRALIAN POST TENSIONING SYSTEMS (ACT) PTY LTD AND CFMEU ACT POST-TENSIONING SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Australian Post Tensioning Systems (ACT) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Systems (ACT) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the Australian Post Tensioning Systems (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (ACT Branch). The dispute was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the FWC had to determine if the agreement contained the necessary good faith provisions and if it complied with the four out of five member rule.

The FWC found that the agreement contained the required good faith provisions and was in line with the four out of five member rule. The FWC considered the provisions of the agreement and the evidence presented by both parties. The FWC noted that the agreement contained a good faith clause that was consistent with the model agreement provided under section 231 of the Fair Work Act. Additionally, the FWC determined that the agreement had been certified by the Australian Building and Construction Commission, which indicated that it had met the necessary requirements. The FWC concluded that the agreement was approved as it contained the necessary good faith provisions and met the requirements of the Fair Work Act.

The FWC approved the Australian Post Tensioning Systems (ACT) Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2016. The FWC noted that the agreement was in the best interests of the employees and the employer and that it provided for a fair and efficient workplace. The FWC also noted that the agreement provided for a process for resolving any disputes that may arise in the future. The FWC concluded that the agreement was fair and reasonable and that it should be approved.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established